Is the husband required to divorce his wife who has apostatized from Islam, and is it forbidden for the first wife to remain with him if he does not divorce her?
If a wife apostatizes from Islam, it becomes forbidden to enjoy her company, and separation from her becomes obligatory, based on the Almighty's saying: (and do not hold on to the bonds of disbelieving women). If her apostasy occurred before consummation, the marriage is immediately annulled by scholarly consensus. However, if the apostasy occurred after consummation, the view of the Shafi'is and Hanbalis (which is the preponderant opinion) is that the marriage remains valid as long as she is within her waiting period ('iddah). If she repents, she returns as a wife; but if the 'iddah expires before her repentance, separation occurs. As for the Hanafis and Malikis, they hold that separation occurs immediately. The husband must shun her and call her to repentance, and it is not permissible for him to have intercourse with her. If he has intercourse with her while she is an apostate, he is an adulterer. If the husband refuses to separate from the apostate wife, he is sinful, and the wife has the right to seek divorce from him.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/6792
- Source platform
- Ftawy
- Original fatwa ID
- 6792
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy